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2025 DAILYLAW 2974 (HP)

NHAI v. BALBIR SINGH

OMPM/245/2024 · 2026-05-27

Romesh Verma

body2025

Judgment text

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NHAI vs. Balbir Singh OMP(M) No.245 of 2025 27.05.2026 Present: Ms. Shreya Chauhan, Advocate, for the applicant. OMP(M) No.245 of 2025 The present application has been filed for condonation of delay in filing the present appeal. Notice was issued in the aforesaid application on 02.12.2024 and thereafter the matter was listed before the Additional Registrar (Judicial) on 25.03.2025. On the said date, it was ordered that the respondent stands duly served. Therefore, he was proceeded against ex parte. In the present application it has been averred that the impugned judgment was passed by learned District Judge on 18.11.2023. Learned counsel for the applicant has applied for certified copy of impugned judgment on 12.12.2023 and the same was delivered on 15.01.2024. It has been averred that the applicant was not aware that the matter was decided in the year 2023 and it was only on 24.03.2024, the applicant came to know that the arbitration petition has been decided. On the closing of financial year the applicant inquired from all the counsel/law firms about the pendency of all the cases pending in various forums throughout the State of HP and thus this fact came to the knowledge of the applicant. Earlier also, due to inefficiency and lackadaisical attitude of the law firm, namely, M/s M.V. Kini & Co., as many as 362 cases pending in District Bilaspur were withdrawn from the said law firm and allotted to M/s Nishaank Mattoo & Associates. Therefore, it has been prayed that the delay in filing the appeal is neither intentional nor willful, but the same has occurred due to unavoidable circumstances. Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of submissions as made by learned counsel for the applicant, the present application is allowed and delay in filing the appeal is condoned. Accordingly, the application stands disposed of. Arb. Appeal No._______ of 2026 Appeal be registered. Heard. Admit. Issue post admission notice to the respondent, returnable within four weeks, on taking steps within three days. List thereafter. OMPST No.33428 of 2024 Be registered. Heard Subject to deposit of entire awarded amount along with up-to-date interest by the appellant/applicant within a period of eight weeks from today, the operation, implementation and execution of impugned judgment dated 18.11.2023, as passed by learned District Judge, Bilaspur as well as arbitral award dated 09.07.2018 during the pendency of appeal is ordered to be stayed. Application stands disposed of. ( Romesh Verma ) Judge May 27, 2026 (vt)